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Giacomo Jacques Behar
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Giacomo Behar’s Answers

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  • Bring used car from USA to Canada

    I am a Canadian citizen, working in USA on TN Visa. Planning to buy a new car in USA as renting a car is expensive. If I return to Canada permanently after a year or two, can I bring the car with me to Canada? How much taxes and other fees I hav...

    Giacomo’s Answer

    This question is difficult to answer on this forum, because it requires a specialized knowledge of Canadian laws and regulations. Please contact an attorney in Canada to obtain more specific advice.

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  • Can I renew my suspended driver's license while in transition form H1B to F1?

    My H1 B was recently terminated but I am currently in transition to F1. I have my receipt number and have been waiting for a couple of months now. My insurance agent informed my recently that my license was suspended about 2 years ago due to the f...

    Giacomo’s Answer

    Your situation is difficult. Depending on Texas requirements you may have to demonstrate that you are in lawful status that allows you to have an EAD. However, it also varies, from one DMV to another. We have clients who were denied the extension of their license while in F-1 status in one CA DMV, but were given it in another.

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  • Average time to a LPR change the status of his wife

    Hello , I'm a green card holder and i would like to know if I can give the green card to my wife ... Keep it in mind that she is in the american dream act (she has ssn , work permit and works as anurse ) and also I would like to know the average t...

    Giacomo’s Answer

    Absolutely, you can still petition for your wife in your LPR status, but the processing times are over 2 years now, so she would have to wait until her immigrant visa becomes current. If in the meantime you become a USC, you can upgrade her status with USCIS and at that point she can be processed quickly as your immediate relative.

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  • May we become a Legal Permanent Resident? LOOKING FOR A GREAT LAWYER to help us!

    My Fiancee is a Legal Permament Resident for over over 10 years now. Our plans are to get married in December 2015. And start his process of naturalization in 2016. I have a daughter that will turn 18 on 26 of January 2016. My questions...

    Giacomo’s Answer

    1. Correct.
    2. Correct.
    3. If your marriage is to an LPR, you and your daughter need to maintain a legal status up to the time of the interview. If you overstay your status, you are still OK if and when your wife becomes a US citizen, but your daughter is not.

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  • Can I file new H1 if I have pending i-485

    while i-485 is pending, can I file H1 with new or existing employer. In case my i-485 is denied, would that new H1 keep me in valid immigration status?

    Giacomo’s Answer

    Only your employer can file a H1-B petition on your behalf.

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  • H1B transfer petition pending more than 9 months.Can i do a transfer now to new employer with receipt number alone?

    I came to US in H1B visa with Emp A validity till Sep'15. On Dec'14 I got a new job and I moved from Emp A to B.Then Emp B transferred my H1B petition on Dec'30 2014 in normal processing. On Jan'26 2015,my Emp A has revoked my H1B petition.On Marc...

    Giacomo’s Answer

    Yes, you can still find an "employer C" wiling to sponsor your for a new H-1B and 'transfer" with the receipt in your possession.

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  • Parents of green card holder travel to US?

    Hi there, I am currently in the US on my conditional green card and would like to sponsor my parents to come/visit my family here. My questions: Can I provide an affidavit of financial support for my parents' interview for B2 visa? Also, c...

    Giacomo’s Answer

    Each of your parents will need to apply for and qualify for the visa on their own. You can, however, electronically fill out their DS-160 Forms and "submit". "Affidavits of financial support" or "invitation letters are worthless (and could backfire) unless specifically requested by the consulate. To be qualify for the issuance of the B-2 visitor visas, each parent will have to prove "substantial ties" to their country of residence, as well as convince the consul of their intention to depart the US upon the conclusion of their temporary visit in the US.

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  • If I send a petition to change status today, then will USCIS consider the petition, even though it is filed after the exp date?

    I came here with J1 visa-student work exchange program. This visa is exempt from the 2 year requirement. So, I was told that I can change it to F1 visa. Unfortunately, I made my decision to change it late: the visa expired yesterday.

    Giacomo’s Answer

    When in the US, it is no longer the "visa" in your passport but the I-94 (and in the case of a J-1, the "DS-2019" as well ) that govern the terms of your stay. You could assert that fact to USCIS when sending in your COS application today, but you could be hitting a "brick wall", for CIS is notorious for ignoring turning a blind eye to its own regulations when it happens to favor the foreign national. You might be better off departing and applying for your F-1 at your home country US consulate. Will only take a few days, vs. up to 6 months with CIS.

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  • I want to sponsor my parents. Can file form I-130 to sponsor them now while I do not yet meet the sponsor income requirement?

    My parents live abroad and I am in the process of naturalization. I have also recently graduated and have not found a full-time job.After naturalization, would I be able to file form I-130 and get the process to bring them over started while I lo...

    Giacomo’s Answer

    Once you naturalize and become a US citizen, begin by immediately filing Form I-130 petition on behalf of parents - you will have ample time after that to either qualify for the Affidavit of Support's financial requirements and/or secure a co-sponsor.

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  • Can i change the client during new H1B RFE?

    Hi, Am here in India and my employer filed H1B for the current years quota and its got selected in the lottery system. When I have applied H1B, am working with Employer (E1) for a client C1. In August that project over and I am now worki...

    Giacomo’s Answer

    It is your petitioning "employer" and not you who are responsible (and can) respond to the RFE. Your changing a "client" risks not being very useful at this stage, since you were not even admitted into H-1B status yet.

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